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- Alaska Statutes.
- Title 8. Business and Professions
- Chapter 88. Real Estate Brokers and Other Licensees
- Section 37. Investigation and Injunction.
previous: Section 34
. Investigator of the Commission. [Repealed, Sec. 9 Ch 74 SLA 1987].
next: Section 40
. [Repealed, Sec. 3 Ch 95 SLA 1964].
AS 08.88.037. Investigation and Injunction.
- (a) The commission may request the department to conduct investigations to determine whether a person has violated a
provision of this chapter or a regulation adopted under it, or to secure information useful in the administration of
- (b) If it appears to the department that a person has engaged in or is about to engage in an act or practice in violation
of a provision of this chapter or a regulation adopted under it and that action is warranted in the public interest,
the department shall notify all commission members by telephone, telegraph, or facsimile of a proposed order or action,
and, if a majority of the members of the commission approve, the department may
- (1) after reasonable notice of and an opportunity for a hearing is given to the person, issue an order directing the
person to stop the act or practice; the department may issue a temporary order before a hearing is held; a temporary
order remains in effect until a final order affirming, modifying, or reversing the temporary order is issued or until
15 days have elapsed after the person receives the notice and has not requested a hearing; a temporary order becomes
final if the person to whom the notice is addressed does not request a hearing within 15 days after receiving the
notice; if a hearing is requested, a hearing shall be conducted by a hearing officer within 30 days; the commission
shall issue a final order within 10 days after the hearing;
- (2) bring an action in superior court to enjoin the act or practice and to enforce compliance with this chapter, a
regulation adopted under it, or an order issued under it;
- (3) examine or have examined the books and records of a person whose business activities require licensure under this
chapter and the department may require the person to pay the reasonable costs of the examination; and
- (4) issue subpoenas for the attendance of witnesses, and the production of books, records, and other documents.
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